https://www.proz.com/kudoz.php/english/law-general/1623972-procedural-delict.html

Glossary entry

English term or phrase:

procedural delict

English answer:

procedural delict

Added to glossary by Will Matter
Nov 3, 2006 17:06
18 yrs ago
3 viewers *
English term

procedural delict

English Bus/Financial Law (general) Czech competition law
The translation is EN-HU, but I simply don't understand this term and cannot find it anywhere.

Context:
This portion of the text is about the legislation in the Czech Republic on competition. Here it goes:

"The Czech national competition rules are enshrined in Act No. 143/2001 Coll., on the Protection of Competition. In 2005 this act was amended by Act No. 361/2005 Coll., which entered into force on 1 October 2005. In particular, it incorporates the Community block exemptions in Czech competition law so that they would be applied to agreements with no effect on trade but which are caught by the national competition rules. Furthermore, the Act on the Protection of Competition was amended by the Act No. 127/2005 Coll. with regard to its application in the electronic communications sector, as outlined below.

Summary of new provisions :

• Implementation of the possibility to seal business premises in the course of a dawn raid (Art. 21 par. 5)
• Article 22 – sanctions :
- for ***procedural delicts*** a fine up to 1 % of the turnover may be imposed
- a new type of fine is introduced for the breach of seals .
• Community Block Exemptions will be applied to agreements without a European Community dimension (Article 4)

• Another amendment to the Act on the Protection of Competition issued in 2005 concerns the application of the Act to the electronic communications sector. It was introduced by Act No. 127/2005 Coll. (Act on Electronic Communications) which entered into force as of 1st May 2005."

First I assmed that Art. 22 relates to Act 127/2005, and I could even find an English version (http://www.micr.cz/files/1282/Electronic_Communications_Act.... but it seems that Art. 22 is about the assignment of radio frequencies. Art. 122 is about procedural rules, but there is no "delict" and no "up to 1%".

Then, I have found the consolidated text of the Act on the Protection of Competition and it became clear that this is the content:

"1) The Office may by its decision impose fines

of up to 300 000 CZK or up to 1 % of the net turnover achieved by the undertaking in the last accounting period on anyone who intentionally or negligently fails to provide the Office with the requested documents and information within the stipulated period of time, or provides incomplete, untruthful or incorrect documents and information, fails to submit requested books and other business records or fails to enable their review pursuant to Article 21(5), or otherwise refuses to submit to investigations pursuant to this Act, or if the seal affixed pursuant to Article 21(5) has been broken,
of up to CZK 100 000 on anyone who intentionally or negligently without serious reasons fails to appear at a scheduled oral hearing, refuses to testify or otherwise obstructs the proceedings. "

... but I still cannot imagine what shall be "procedural delicts"? (intentional) infringement of procedural rules? (a bit too long, too)

TIA, Eva

Responses

+8
10 mins
Selected

delict

"Delict" is a legal term, please look at the reference given. HTH.

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Note added at 16 mins (2006-11-03 17:23:28 GMT)
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Here's another link that provides an even clearer definition http://www.lectlaw.com/def/d123.htm For the part above that you have placed asterisks around (...procedural delicts...) think of it as meaning "Delicts that are procedural / delicts that occur as the result of some procedure" and maybe it'll be a little clearer. HTH.

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Note added at 29 mins (2006-11-03 17:36:11 GMT)
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I looked at your last paragraph again and can see what they intended to say and why fines are involved. The meaning is that "....anyone who intentionally or negligently fails to provide the Office with the requested documents and information within the stipulated period of time, or provides incomplete, untruthful or incorrect documents and information, fails to submit requested books and other business records or fails to enable their review pursuant to Article 21(5), or otherwise refuses to submit to investigations pursuant to this Act, or if the seal affixed pursuant to Article 21(5) has been broken, " etc. etc. has committed a "procedural delict" and is, therefore, fined. HTH.
Note from asker:
my problem is that "procedural delict" is not included in any of the dictionaries I know and there is no single Google hit. So I know what delict is, but the expression seems to be a translation problem.
Peer comment(s):

agree Suzanne Blangsted (X)
58 mins
Mange tak. ;0) I really appreciate the 'agree'.
agree lafresita (X)
1 hr
Dziekuje.
agree Dave Calderhead
1 hr
Thank you, sir. The next time i'm in Amsterdam i'll say "hi", haven't been there for a few years. Probably next Spring if i'm lucky.
agree Daniel Mencher
1 hr
Muchisimas gracias, mi amigo.
agree David Moore (X)
1 hr
Thank you.
agree Richard Jenkins
4 hrs
Obrigado ;0)
agree Robert Fox
16 hrs
Thank you.
agree Alfa Trans (X)
1 day 16 hrs
Thanks.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks - I'll try to find a suitable term in HU."
-1
8 mins

procedural dialect (typo)

An utter guess, I have to admit, but I was reading it thus until I realised the way 'delict' is written.
Peer comment(s):

neutral Will Matter : Nope. "Delict" is a legal word, basically it means "offense" (oversimplified but true) , see below.
22 mins
disagree Suzanne Blangsted (X) : same as will, delict is a legal word, and tort is also used instead of delict
59 mins
Something went wrong...
21 hrs
English term (edited): procedural delicts

procedural violations

I am pursuing your allegation that there might be problem w/ translating from Czech to English. I believe the problem is w/ the word "delict", not "procedural".

From what the text describes, what is fined is negligence that may not be necessarily a delict (= violation of law, per dictionary). One may be forced to delay submission of reports due to technical problems w/ her/his computerized reporting system, not because s/he has something to hide.

So, I come up w/ very simple guess: the corresponding Czech word is "violations", but because this is about legal provision, the Czech-Eng translator smartened it into "legal violations", hence "delicts".

May it be as simple as that! :)
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